Faith & Justice

Jay Sekulow: Will SCOTUS Decision on ObamaCare be Based on Politics?

In a world where politics has permeated everything, should we be surprised that many Americans believe the Supreme Court will determine the constitutionality of ObamaCare based on politics, rather than the law?

That’s the findings of a new poll. According to the Washington Post-ABC News poll, half of the public expects the Justices to rule mainly based on their “partisan political views,” while fewer, 40%, expect their decisions to be rooted primarily “on the basis of the law.”

And, the break down among conservatives and liberals is interesting. Almost twice as many conservative Republicans think the high court will decide on the basis of the law rather than politics, 58% to 33%. Liberal Democrats are more skeptical, saying by an equally wide margin that the court will put politics first.

I can’t help but believe this polling reflects exactly what President Obama sought to accomplish – interjecting politics into the Supreme Court’s consideration of ObamaCare. We reported extensively about the president chastising the Justices who might reject the constitutionality of the health care law, referring to those who oppose ObamaCare as “activist” and “unelected” judges. Let’s not forget his stinging warning to the high court triggered a response from a federal appeals court, which required the Attorney General to spell out in detail the Obama Administration’s understanding of judicial review.

No matter what your view on whether the Justices will resort to political ideology or the basis of law in deciding ObamaCare, the fact is that most Americans don’t want the flawed, pro-abortion health care law. In the same poll, 38% percent surveyed would like the entire law thrown out; 29% percent would like the court to strike the requirement that individuals obtain health insurance and to keep the rest of the law. Those supporting ObamaCare now stand at only 39%, the lowest percentage since the Post-ABC poll began asking the question.

That is also the case in other polls as well. Rasmussen found that 54% of Americans expect the high court to reject ObamaCare, opposition that has been consistent over many months. And, after the three days of oral arguments on ObamaCare, most Americans give the Supreme Court high marks.

In another Rasmussen poll, 41% of likely U.S. Voters now rate the Supreme Court’s performance as good or excellent. That’s up 13 points from 28% in mid-March and is the court’s highest ratings in two-and-a-half years. There’s bound to be more debate about the high court and what will happen to ObamaCare. We will know the outcome by the end of this term, likely at the end of June.

UPDATE: 4/13/12

Not only do most Americans want the Supreme Court to reject ObamaCare, now a new poll just released underscores what I have been saying for weeks now. In a new FOX News poll, 56% of voters surveyed think the president was trying to intimidate the Justices when he chastised the high court about the health care law. Here’s the breakdown according to political affiliation: most Republicans (81%), a majority of independents (61%) and nearly one-third of Democrats (29%) believe Obama was trying to strong-arm the justices. A complete look at the FOX poll is posted here.

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About Faith & Justice

A blog that examines the people and the cases behind the intersection of faith and public life. A look at the ever-growing challenges facing Christians and the action taken to protect religious freedom in America and abroad. Faith & Justice: Standing up for the rights of Christians - featuring leading constitutional attorney Jay Sekulow, Chief Counsel of the American Center for Law and Justice.